DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0058]: Duplicate period at end of paragraph
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the arc hinge driving structure noted in claim 13, integrally disposed cover opening structure noted in claim 15, linear cover opening structure noted in claim 16, and linear driving structure noted in claim 17, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8: The statement “the connecting shaft is passes through the circular arc-shaped sliding groove” is grammatically incorrect.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“A cover opening structure disposed in the accommodating cavity, wherein the cover opening structure is configured to guide the box cover to switch from a closed state to an opening state so as to open the accommodating cavity, or guide the box cover to switch from the opening state to the closed state” in claim 1.
“The cover opening structure is switched between the closed state and the opening state in a manner of guiding the box cover to flip outwards relative to the box body” in claim 3.
“A drive structure connected between the box body and the box cover, wherein the drive structure is configured to apply a force to the box cover such that the box cover is guided by the cover opening structure to move” in claim 14.
“The cover opening structure is switched between the closed state and the opening state in a manner of driving the box cover to move outwards along a straight line relative to the box body” in claim 16.
“The cover opening structure includes: a second pushing mechanism configured to push the box cover” in claim 17.
“The cover opening structure is configured to guide the box cover to switch from a closed state to an opening state so as to open the accommodating cavity, or guide the box cover to switch from the opening state to the closed state” in claim 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13, 14, 16, and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 13, which cites the limitation “a drive structure connected between the box body and the box cover, wherein the drive structure is configured to apply a force to the box cover such that the box cover is guided by the cover opening structure to move,” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear how the driving mechanism is to be configured to link a pushing mechanism to the box cover.
Claim 14, which cites the limitation “a built-in rotating shaft disposed on the box cover, wherein two ends of the built-in rotating shaft are concealably mounted on two side faces of the box body located within the accommodating cavity; and a first pushing mechanism configured to push the box cover to rotate around the built-in rotating shaft, wherein the first pushing mechanism and the built-in rotating shaft form the cover opening structure.,” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear how the pushing mechanism is to be linked to the box cover.
Claim 16, which cites the limitation “the cover opening structure is switched between the closed state and the opening state in a manner of driving the box cover to move outwards along a straight line relative to the box body” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear how the arc-shaped sliding groove is to be linear in some embodiments. This would require a change in the configuration of the rollers, which is not sufficiently described.
Claim 17, which cites the limitation “a second pushing mechanism configured to push the box cover” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear how the pushing mechanism is to be linked to the box cover.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13, 14, 16 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13, which cites the limitation “a drive structure connected between the box body and the box cover, wherein the drive structure is configured to apply a force to the box cover such that the box cover is guided by the cover opening structure to move,” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear how the driving mechanism is to be configured to link a pushing mechanism to the box cover. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim 14, which cites the limitation “a built-in rotating shaft disposed on the box cover, wherein two ends of the built-in rotating shaft are concealably mounted on two side faces of the box body located within the accommodating cavity; and a first pushing mechanism configured to push the box cover to rotate around the built-in rotating shaft, wherein the first pushing mechanism and the built-in rotating shaft form the cover opening structure.,” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear how the pushing mechanism is to be linked to the box cover. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim 16, which cites the limitation “the cover opening structure is switched between the closed state and the opening state in a manner of driving the box cover to move outwards along a straight line relative to the box body” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear how the arc-shaped sliding groove is to be linear in some embodiments. This would require a change in the configuration of the rollers, which is not sufficiently described. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim 17, which cites the limitation “a second pushing mechanism configured to push the box cover” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is not clear how the pushing mechanism is to be linked to the box cover. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 215042484 U).
Please refer to the attached document “Liu Numbered” when viewing cited paragraphs.
Regarding claim 1, Liu teaches “A storage box, comprising:
a box body (see paragraph 2);
a box cover disposed to cover the box body and forming an accommodating cavity with the box body, wherein the accommodating cavity is configured to accommodate an object (see paragraph 2); and
a cover opening structure disposed in the accommodating cavity, wherein
the cover opening structure is configured to guide the box cover to switch from a closed state to an opening state so as to open the accommodating cavity, or guide the box cover to switch from the opening state to the closed state (see paragraph 2).”
Regarding claim 2, Liu teaches “The storage box according to claim 1, wherein the cover opening structure has a portion formed on the box body and another portion formed on the box cover (see Liu, Figure 9, Annotation Set 1).”
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Liu, Figure 9, Annotation Set 1
Regarding claim 3, Liu teaches “The storage box according to claim 2, wherein the cover opening structure is switched between the closed state and the opening state in a manner of guiding the box cover to flip outwards relative to the box body (box cover pivots around box body via opening mechanism, see paragraph 2).”
Regarding claim 4, Liu teaches “The storage box according to claim 3, wherein a first hinged portion is disposed on a shell of the box body (locating sleeve disposed on box side wall forms one part of hinge assembly, see paragraph 50);
the box cover includes a second hinged portion (guide groove disposed on box cover wall forms another part of hinge assembly, see paragraph 50);
and the first hinged portion and the second hinged portion form the cover opening structure (see paragraph 50),
wherein one of the first hinged portion and the second hinged portion includes a hinge, and the other one of the first hinged portion and the second hinged portion includes a hinge support, the hinge has a circular arc-shaped sliding groove (guide groove is arc-shaped, see paragraph 50), a connecting shaft is disposed on the hinge support (see Liu, Figure 9, Annotation Set 2), and the connecting shaft is disposed to pass through the circular arc-shaped sliding groove and is movable along the circular arc-shaped sliding groove (see Liu, Figure 9, Annotation Set 2), such that the box cover is rotatable relative to the box body to open or close the storage box (box cover pivots around box body via opening mechanism, see paragraph 2).”
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Liu, Figure 9, Annotation Set 2
Regarding claim 5, Liu teaches “The storage box according to claim 4, wherein the shell of the box body includes a sidewall and a bottom wall; and the sidewall is connected with the bottom wall to form the accommodating cavity (Liu, Figure 7, Annotation Set 1).”
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Liu, Figure 7, Annotation Set 1
Regarding claim 6, Liu teaches “The storage box according to claim 4, wherein the second hinged portion includes the hinge, and the first hinged portion includes the hinge support (Liu, Figure 9, Annotation Set 1).”
Regarding claim 7, Liu teaches “The storage box according to claim 4, wherein the hinge includes a hinge body and the circular arc-shaped sliding groove; and the circular arc-shaped sliding groove penetrates through the hinge body (Liu, Figure 9, Annotation Set 3).”
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Liu, Figure 9, Annotation Set 3
Regarding claim 12, Liu teaches “The storage box according to claim 4, wherein when the box cover is closed, the connecting shaft is located at a first end of the circular arc-shaped sliding groove; and when the box cover is fully opened, the connecting shaft is located at a second end of the circular arc-shaped sliding groove (motion of the box cover is limited by the groove, thus the shaft is stopped at one end of the groove when fully opened and stopped at the other end when fully closed, see paragraph 50).”
Regarding claim 15, Liu teaches “The storage box according to claim 1, wherein the cover opening structure is integrally disposed on the box body (Liu, Figure 7, Annotation Set 2).”
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Liu, Figure 7, Annotation Set 2
Regarding claim 18, Liu teaches “A vehicle, comprising:
a vehicle body (storage box is intended to be used in various vehicle types, see paragraph 2), wherein
the vehicle body includes a storage box, and the storage box includes:
a box body (see paragraph 2),
a box cover disposed to cover the box body and forming an accommodating cavity with the box body, wherein the accommodating cavity is configured to accommodate an object (see paragraph 2), and
a cover opening structure disposed in the accommodating cavity, wherein
the cover opening structure is configured to guide the box cover to switch from a closed state to an opening state so as to open the accommodating cavity, or guide the box cover to switch from the opening state to the closed state (see paragraph 2).”
Regarding claim 19, Liu teaches “The vehicle according to claim 18, wherein the cover opening structure has a portion formed on the box body and another portion formed on the box cover (see Liu, Figure 9, Annotation Set 1).”
Regarding claim 20, Liu teaches “The vehicle according to claim 19, wherein the cover opening structure is switched between the closed state and the opening state in a manner of guiding the box cover to flip outwards relative to the box body (box cover pivots around box body via opening mechanism, see paragraph 2).”
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 215042484 U), in view of Minaguchi et al. (US 20110102982 A1).
Regarding claim 8, Liu teaches all of the limitations of the claims as applied to claim 7 above, except for “wherein the hinge support includes a hinge support body and the connecting shaft; the connecting shaft is passes through the circular arc-shaped sliding groove; a limiting portion is disposed at one end of the connecting shaft, and another end of the connecting shaft is fixedly connected to the hinge support body; and the limiting portion and the hinge support body abut against two sides of the hinge body, respectively.”
However, Minaguchi teaches “a limiting portion is disposed at one end of the connecting shaft (see Minaguchi, Figure 4, Annotation Set 1), and another end of the connecting shaft is fixedly connected to the hinge support body (see Minaguchi, Figure 4, Annotation Set 1); and the limiting portion and the hinge support body abut against two sides of the hinge body, respectively (see Minaguchi, Figure 4, Annotation Set 1).”
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention, to combine the rolling shaft braking system, including a limiter to retain the rollers and brake on the shaft as taught by Minaguchi with the rollers designed to travel within the arc slot as taught by Liu, to prevent the rollers from sliding off the end of the shaft during operation, with a reasonable expectation of success.
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Minaguchi, Figure 4, Annotation Set 1
Regarding claim 9, Liu teaches all of the limitations of the claims as applied to claim 4 above, except for “an elastic device located between the hinge and the hinge support, wherein the elastic device is in a compressed state to provide a damping force for the box cover to rotate, so as to enable the box cover to stay at any angle, and the connecting shaft passes through the elastic device.”
However, Minaguchi teaches “an elastic device located between the hinge and the hinge support, wherein the elastic device is in a compressed state to provide a damping force for the box cover to rotate, so as to enable the box cover to stay at any angle, and the connecting shaft passes through the elastic device (see Minaguchi, Figure 4, Annotation Set 2).”
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention, to combine the rolling shaft braking system, including an elastic component to apply a braking force, as taught by Minaguchi with the rollers designed to travel within the arc slot as taught by Liu, to prevent unwanted motion of the box cover from minor forces such as gravity, only allowing motion from intentionally applied force from the user, with a reasonable expectation of success.
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Minaguchi, Figure 4, Annotation Set 2
Regarding claim 10, Liu teaches all of the limitations of the claims as applied to claim 9 above, except for “The storage box according to claim 9, wherein the elastic device includes at least one of a compression spring, a disc spring, or an elastic rubber.”
However, Minaguchi teaches “The storage box according to claim 9, wherein the elastic device includes at least one of a compression spring, a disc spring, or an elastic rubber (see Minaguchi, Figure 4, Annotation Set 2).”
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention, to combine the rolling shaft braking system, including a disc spring to apply a braking force, as taught by Minaguchi with the rollers designed to travel within the arc slot as taught by Liu, to prevent unwanted motion of the box cover from minor forces such as gravity, only allowing motion from intentionally applied force from the user, with a reasonable expectation of success.
Regarding claim 11, Liu teaches all of the limitations of the claims as applied to claim 4 above, except for “at least one wear pad located between the hinge and the hinge support to reduce wear caused by relative rotation between the hinge and the hinge support,
wherein the connecting shaft passes through a mounting hole on the at least one wear pad.”
However, Minaguchi teaches “at least one wear pad located between the hinge and the hinge support to reduce wear caused by relative rotation between the hinge and the hinge support, wherein the connecting shaft passes through a mounting hole on the at least one wear pad (see Minaguchi, Figure 4, Annotation Set 3).”
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention, to combine the rolling shaft braking system, including a brake wear pad, as taught by Minaguchi with the rollers designed to travel within the arc slot as taught by Liu, to prevent unwanted motion of the box cover from minor forces such as gravity, only allowing motion from intentionally applied force from the user while increasing the operational life of the hinge system, with a reasonable expectation of success.
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Minaguchi, Figure 4, Annotation Set 3
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited references all disclose hinged vehicle storage boxes:
Ma et al. (CN 119134169 A)
Kang et al. (US 20120319422 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK R CATALANO whose telephone number is (571)270-0470. The examiner can normally be reached Monday Friday, 8 a.m. 5 p.m. ET..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JRC
/VIVEK D KOPPIKAR/Supervisory Patent Examiner, Art Unit 3612
August 5, 2026